Oral arguments for PCMA v. Wehbi have been scheduled for today at 3 p.m. ET. Earlier this year the U.S. Supreme Court vacated a ruling by the U.S. Circuit Court of Appeals for the 8th Circuit in the case formerly known as Wilke v. PCMA. In August 2020 the 8th Circuit struck down North Dakota PBM regulations due to ERISA preemption issues. The Supreme Court determined that the 8th Circuit’s ruling could not stand in light of the recent unanimous ruling in Rutledge v. PCMA in December 2020, and it was sent back for the circuit court to reevaluate North Dakota’s law under the Rutledge decision. NCPA, along with nine state pharmacy associations, filed a friend of the court (amicus curiae) brief in the 8th Circuit of the U.S. Court of Appeals defending North Dakota’s right to regulate PBMs. The public can listen to oral arguments by dialing into 1-888-363-4749; Access Code 4423562. A recording of the arguments will also be posted here. Read more about the case here.
NCPA
